Landlord Can't Seal Fireplace

Landlord asked the DHCR for permission to modify services in rent-stabilized tenant's apartment. Landlord wanted to seal the fireplace and make it inoperative. Landlord claimed that the fireplace was built in the mid-1800s for burning coal, that it wasn't meant to burn wood, that conversion to accommodate wood burning was too costly, and that it was a safety hazard to continue to permit use of the fireplace for burning wood. The DRA ruled against landlord. Landlord appealed and lost. Landlord permitted use of the functioning fireplace as a base date service. Landlord didn't submit any proof that the fireplace as it exists was intended only for burning coal, that burning coal was illegal, or that safety concerns required sealing of the fireplace.

Morgan Holding Corp.: DHCR Adm. Rev. Dckt. No. KA410185RO (8/12/99) [3-pg. doc.]